State of California et al v. Trump et al

Filing 115

Consent MOTION for Leave to File Memorandum as Amici Curiae in Support of Plaintiffs Motion for a Preliminary Injunction filed by Former U.S. Government Officials. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 5/2/2019) Modified on 5/3/2019 (jjbS, COURT STAFF).

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Kathleen R. Hartnett (SBN 314267)
BOIES SCHILLER FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

Harold Hongju Koh (pro hac vice forthcoming)
RULE OF LAW CLINIC
Yale Law School
127 Wall Street, P.O. Box 208215
New Haven, CT 06520
Telephone:
[phone]
Email:
[e-mail]

Phil Spector (pro hac vice forthcoming)
MESSING & SPECTOR LLP
1200 Steuart Street, #2112
Baltimore, MD 21230
Telephone:
[phone]
Email:
[e-mail]
Attorneys for Amici Curiae Former U.S. Government Officials

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,

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Plaintiffs,
vs.
DONALD J. TRUMP, President of the
United States, in his official capacity, et al.,
Defendants.

Case No. 4:19-cv-00872-HSG
CONSENT MOTION OF FORMER
U.S. GOVERNMENT OFFICIALS FOR
LEAVE TO FILE MEMORANDUM AS
AMICI CURIAE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR A
PRELIMINARY INJUNCTION
Judge:
P.I. Hearing Date:
Time:
Courtroom:

Hon. Haywood S. Gilliam, Jr.
May 17, 2019
10:00 a.m.
2, 4th Floor

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF AS
AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 4:19-cv-00872-HSG

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Former U.S. Government Officials respectfully move for leave to file the attached brief as

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amici curiae in the above-captioned matter, in support of Plaintiffs’ Motion for a Preliminary

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Injunction. Amici are listed in the Appendix to the attached brief. Counsel for Plaintiffs and

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Defendants have consented to Amici’s proposed filing.
STATEMENT OF INTEREST AND ARGUMENT

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Amici curiae are sixty-two former officials in the U.S. government who have worked on

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national security and homeland security issues from the White House as well as agencies across

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the Executive Branch. They have served in senior leadership roles in administrations of both

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major political parties, and collectively they have devoted a great many decades to protecting the

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security interests of the United States. They have held the highest security clearances, and

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participated in the highest levels of policy deliberations on a broad range of issues. These include:

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immigration, border security, counterterrorism, military operations, and our nation’s relationship

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with other countries, including those south of the U.S. border.
Amici respectfully submit this brief because, in their professional opinion, there is no

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factual basis for the declaration of a national emergency for the purpose of circumventing the

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appropriations process and reprogramming billions of dollars in funding to construct a wall at the

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southern border, as directed by the Presidential Proclamation of February 15, 2019. Amici submit

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that their brief will be helpful to the Court, given Amici’s unique and directly relevant perspective

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of having lived and worked through national emergencies across Presidential administrations over

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a period of decades. The points in this brief are an updated version of those in a declaration that

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most of the amici joined and that was submitted into the Congressional Record on February 25,

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2019.

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CONCLUSION
For the foregoing reasons, the Consent Motion should be granted, and Amici’s attached
memorandum should be filed with the Court.

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF AS
AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 4:19-cv-00872-HSG

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Dated: May 2, 2019

Respectfully Submitted,

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By:

/s/ Kathleen R. Hartnett
Kathleen R. Hartnett (SBN 314267)
BOIES SCHILLER FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Harold Hongju Koh (pro hac vice forthcoming)
RULE OF LAW CLINIC
Yale Law School
127 Wall Street, P.O. Box 208215
New Haven, CT 06520
Telephone: [phone]
Email: [e-mail]
Phil Spector (pro hac vice forthcoming)
MESSING & SPECTOR LLP
1200 Steuart Street, #2112
Baltimore, MD 21230
Telephone: [phone]
Email: [e-mail]
Attorneys for Amici Curiae Former U.S.
Government Officials

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF AS
AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 4:19-cv-00872-HSG